It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-16.3-3 and 23-16.3-5 of the General Laws in Chapter 23-16.3 entitled "Clinical Laboratory Science Practice" are hereby amended to read as follows:

{ADD 23-16.3-3. Definitions. -- ADD} The following words and terms when used in this chapter shall have the following meaning unless otherwise indicated within the context:

(1) "Board" means the clinical laboratory science board appointed by the director of health.

(2) "Director" means the director of the Rhode Island department of health.

(3) "Department" means the Rhode Island department of health.

(4) "Clinical laboratory test" or "laboratory test" means a microbiological, serological, chemical, hematological, radiobioassay, cytological, immunological or other pathological examination which is performed on material derived from the human body, {DEL or any other DEL} {ADD such ADD} test or procedure conducted by a clinical laboratory {DEL or facility DEL} which provides information for the diagnosis, prevention or treatment of a disease or assessment of a medical condition.

(5) "Clinical laboratory" or "laboratory" means any facility or office in which clinical laboratory tests are performed.

(6) "Clinical laboratory science practitioner" or "one who engages in the practice of clinical laboratory science" means a health care professional who performs clinical laboratory tests or who is engaged in management, education, consulting or research in clinical laboratory science, and includes laboratory directors, supervisors, clinical laboratory scientists (technologists), specialists, and technicians working in a laboratory, but does not include persons employed by a clinical laboratory to perform supportive functions not related to direct performance of laboratory tests and does not include clinical laboratory trainees. {ADD Provided however, nothing contained in this chapter shall apply to a clinical perfusionist engaged in the testing of human laboratory specimens for extracorporeal functions, which shall include those functions necessary for the support, treatment, measurement or supplementation of the cardiopulmonary or circulatory system of a patient. ADD}

(7) "Clinical laboratory scientist" and/or "technologist" means a person who performs {ADD clinical laboratory ADD} tests pursuant to established and approved protocols requiring the exercise of independent judgment and responsibility, maintains equipment and records, performs quality assurance activities related to test performance, and may supervise and teach within a clinical laboratory setting.

(8) "Clinical laboratory technician" means a person who performs laboratory tests pursuant to established and approved protocols which require limited exercise of independent judgment and which are performed under the personal and direct supervision of a clinical laboratory scientist (technologist), laboratory supervisor, or laboratory director.

(9) "Accredited clinical laboratory program" means a program planned to provide a predetermined amount of instruction and experience in clinical laboratory science that has been accredited by one (1) of the accrediting agencies recognized by the United States department of education.

(10) "Limited function test" means a test conducted using procedures which, as determined by the director have an insignificant risk of an erroneous result, including those which:

(a) have been approved by the United States food and drug administration for home use;

(b) employ methodologies that are so simple and accurate as to render the likelihood of erroneous results negligible, or

(c) the director has determined pose no reasonable risk of harm to the patient if performed incorrectly.

{ADD 23-16.3-5. License required. -- ADD} (1) No person shall practice clinical laboratory science or hold himself out as a clinical laboratory science practitioner in this state unless he or she is licensed pursuant to this chapter.

(2) All persons {ADD who were ADD} engaged in the practice of clinical laboratory science on [July 1, 1992], who are certified by or eligible for certification by an agency approved by the department of health, and who have applied to the department of health on or before {DEL the effective date, DEL} {ADD July 1, 1994, ADD} and have complied with all necessary requirements for such application, may continue to perform clinical laboratory tests until {DEL the expiration of twelve (12) months after the filing of such application, the denial of DEL} {ADD July 1, 1995 unless ADD} the application {ADD is denied ADD} by the department of health, or the withdrawal of the application, whichever occurs first.

(3) Persons not meeting the education, training, and experience qualifications for any license described in this chapter may, {DEL prior to twenty-four (24) months after the effective date of this chapter, DEL} be considered to have met {ADD the ADD} qualifications providing they have three (3) years acceptable experience {DEL immediately prior to the effective date of this chapter, DEL} {ADD between January 1, 1986 and January 1, 1996 ADD} and submits to the department of health the job description of the position which the applicant has most recently performed attested to by his/her employer and notarized.

(4) {DEL Twenty-four (24) months after [July 1, 1992], DEL} {ADD After January 1, 1996, ADD} no initial license shall {ADD be ADD} issue {ADD d ADD} until an applicant meets all of the requirements under this chapter, and successfully completes a nationally recognized certification examination, such as NCA, DHHS, ASCP, state civil service examination, or others including appropriate catagorical and specialty exams.

SECTION 2. This act shall take effect upon passage.